FOIA exemption.
FOIA exemption. Agency records, which if disclosed, would cause a foreseeable harm to an interest protected by a FOIA exemption, may be withheld from public release. There are nine exemptions that permit an agency to withhold records requested under a FOIA request. The exemptions are for records that apply to:
(1) Information that is currently and properly classified pursuant to an Executive Order in the interest of national defense or foreign policy.
(2) Information that pertains solely to the internal rules and practices of the Agency. This exemption has two profiles, high and low. The high profile permits withholding of a document that, if released, would allow circumvention of an Agency rule, policy, or statute, thereby impeding the Agency in the conduct of its mission. The low profile permits withholding of the record if there is no public interest in the record, and it would be an administrative burden to process the request. Activities should not rely on the low profile exemption because the Department of Justice may not defend its use.
(3) Information specifically exempted from disclosure by a statute that establishes particular criteria for withholding the record. The language of the statute must clearly state that the information will not be disclosed.
(4) Information such as trade secrets and commercial or financial information obtained from a company on a privileged or confidential basis that, if released, would result in competitive harm to the company.
(5) Inter- and intra-agency momoranda that are deliberative in nature. This exemption is appropriate for internal documents that are part of the decision-making process, and contain subjective evaluations, opinions, and recommendations. A document must be both deliberative and part of a decision-making process to qualify for this exemption.
(6) Information from personnel and medical files that would result in a clearly unwarranted invasion of personal privacy if disclosed or released.
(7) Records or information compiled for law enforcement purposes that:
(i) Could reasonably be expected to interfere with law enforcement proceedings.
(ii) Would deprive a person of a right to a fair trial or impartial adjudication.
(iii) Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of others.
(iv) Would disclose the identity of a confidential source; would disclose investigative techniques and procedures; and
(v) Could reasonably be expected to endanger the life or physical safety of any individual.
(8) The examination, operation, or condition reports prepared by, on behalf of, or for the use of any Agency responsible for the regulation or supervision of financial institutions.
(9) Geological and geophysical information and data (including maps) concerning wells.